A hot button topic in college sports is prompting a race in statehouses across the country. To avoid having their state’s schools get left behind in a new frontier for college sports.

Ohio is now on a growing list of states. That have proposed legislation allowing college athletes to be compensated through the use of their name, image and likeness (NIL). Through having endorsement deals or making promotional appearances. Late last month, Ohio state Senator Niraj Antani introduced NIL legislation. Which if passed could become law as early as July. A month already set to be an inflection point for NIL legislation.

The first college sports NIL laws will take effect on July 1st. With this date in mind, the NCAA is hoping to have some nationwide NIL rules ready by that date. The NCAA is also hoping the US Congress will step in on this matter. Through crafting legislation with nationwide NIL guidelines. An Ohio congressman is playing a prominent role in this regard. Former Indianapolis Colts player and current Ohio Rep. Anthony Gonzales is co-sponsoring a federal NIL bill. Sixteen states have already passed similar legislation since 2019.

There are interesting political dynamics at work here. First, there’s an air of bipartisanship on this issue. Measures have been passed and debated on in so called blue and red states. Another unique dynamic, these measures give states a chance to build up a competitive edge. In perhaps the friendliest political battle going on in the United States at the moment. This thankfully has not been caught up in the nation’s political and cultural feuds. Nor is this a matter where there are concerns over civil rights being trampled on.

Plus, these NIL measures don’t require hefty investment from state governments. While potentially creating a moment for politicians to get in the good graces of local schools fans and boosters. Which could translate to future donations or endorsements from those fans. The pending implementation of NIL legislation is prompting a scramble in statehouses. In the hopes of not having their state’s schools undercut recruiting-wise.

The impact this could have on recruiting carries weight in these legislative debates. Major programs soon face the prospect of having their recruiting prowess undercut. By schools in states where NIL compensation will soon be allowed. States with powerhouse college football and basketball programs have already passed legislation. With this concern likely playing a role in those states decisions to pass legislation.

This could weigh on states that aren’t currently debating or implementing NIL legislation. Such as Indiana, where no such legislation has been proposed prior to publication. This could also weigh on Kentucky’s General Assembly. Where NIL legislation stalled in the most recent legislative session. The prospect of Louisville or Kentucky Basketball losing out could reawaken efforts there.

Not wanting Ohio’s major programs to be left behind is an impetus for Ohio’s efforts. The nearby states of Michigan and Tennessee have already passed NIL laws. Both will go into effect before the end of 2022. West Virginia and Pennsylvania are neighboring states that have bills in the works. When it comes to Ohio State’s Big Ten Conference foes. Maryland, Nebraska and New Jersey have passed legislation within the last year. While Iowa has a bill currently working through the legislative process.

Not wanting to be left behind provides an impetus for the NCAA. Not because of state actions but because of the NAIA. The National Association of Intercollegiate Athletics passed their own NIL legislation last October. The NAIA’s rules could provide the NCAA with a framework for their own NIL rules. At the same time, one figures the NCAA doesn’t want to be outdone by the NAIA. After all, the NAIA gets free publicity from their actions regarding NIL. Through being the first association to give NIL compensation a stamp of approval.

The NCAA wants to maintain it’s dominance over major college sports. They also want to maintain control over it’s member institutions. While the NAIA doesn’t pose a massive threat to the NCAA’s market dominance. The NIL issue poses a challenge to the NCAA’s control over major college sports.

Leave a comment